FILED WITH SOMERSET COUNTY COURTHOUSE

Cynthia Jampel
3308 French Drive
Bridgewater, New Jersey 08807

Norman Tauger
XXXXSxxxxx Way Superior Court Of New Jersey
XXXXXXX, New Jersey Somerset County Superior Court
070XX Law Division
Telephone: (XXX) XXX xx00
Docket No:L-481-07

Civil Action
Cynthia Jampel
Plaintiff, pro se
Certification
v. In Support to Remove the
Norman Tauger Stay and Enforce the Original
Defendant, pro se Judgment and to return the
Money that was Improperly
Converted by the Interveners
v.

The Interveners;
Robert A. Franco, Esq.
And Randi Kern Franco,Esq.




I, Cynthia Jampel, of full age, certify and state to the following:

1. I am the Plaintiff in the matter of Jampel v. Tauger and a Co-Defendant in the matter captioned, an Order to Show Cause, seeking emergent relief filed on behalf of Robert A. Franco, Esq. and Randi K. Franco, Esq. otherwise known as the Interveners.

1.On October 12th, 2007, the plaintiff Jampel, the Defendant Tauger and the Interveners Mr. and Mrs. Franco, Esq. appeared before the Honorable Judge Allison Accurso. Judge Accurso asked the Interveners to state what they can offer to convince the Court, that they have a vested interest in the property of 6 Bayer Lane Boonton Township, New Jersey, 07005; they could not state a valid or supportive proof as to their financial investment in the home, separate from ordinary or rental purposes. Mr. Franco stated the following, along with other vacuous claims;

Franco stated,
“I open, close and pay the maintenance on the pool”.

The truth is; The Francos owe Tauger approximately $130,000, most of which, was used to pay the exorbitant mortgage payments, that are habitually in the arrears. Tauger owes Jampel $115,000 plus interest, therefore any equity the Francos claim, is what they had deceptively borrowed from Tauger and pilfered from Jampel.

Franco also stated,
“The mortgage was originated with a “CREDIT” given as a down payment by the sellers.”

Therefore again, no money was contributed from the Franco’s pocket, albeit, had they put money down, it would void the mortgage commitment. A down payment cannot come from an outside source or be borrowed.


Do the Franco’s have a vested interest in this home ?
No, they do not.

The mortgage is an interest only libor. Interest only, no equity, particularly concerning the manner in which the Francos pay. The Francos have fallen grossly behind with the payments and are in imminent danger of foreclosure. The taxes and insurance are inclusive in the ordinary payment, but since the monthly installments are so far behind, this put the property and Tauger in further jeopardy. (Exhibit A).

The home is deeded solely to Mr. Tauger.
The mortgage is exclusively in his name.

It has been noted that nowhere on the formal mortgage papers does the Franco name appear, except for Randi Franco, Esq., as an representing attorney (Exhibit B). The Francos induced Tauger into taking a mortgage for them, they arranged for fraudulent certifications and official papers to misrepresent income and assets for Tauger. Mrs. Franco represented him in a deceptive and predatory manner, so that both Mr. and Mrs. Franco could benefit.

Together they destroyed Tauger’s credit. They borrowed money from him to maintain their life of luxury and now they are the cause of Tauger’s inability to live his life, without the jeopardy of arrests and his own finances to retain Counsel to represent him. (Exhibit C). Tauger actually had written an outline of the hurtful and damaging events that the Francos caused, and then ended it by saying “Incarceration is not enough”. This outline was written on the Franco’s professional stationery, then faxed to Jampel in evidence that Jampel had no persuasion or coercion over Tauger’s actions. The ultimate is that Tauger is willing to take a polygraph to show how victimized he really is from this rouge team. The mortgage was deceptively originated, masterminded by the Francos. Presently the mortgage is not being paid as agreed by Tauger in theory, this is theft by deception but nowhere, does Robert A. Franco, Esq.’s name appear. In Exhibit C, Tauger himself expressed,
“ I must now sell the house,
they cannot keep paying….”

The Francos have breeched their professional duty, by inducing Tauger to agree to a fraudulent mortgage. This is the same practice as Mr. Franco perpetrated, when he induced Jampel into loaning money to his New York client, [*1] Larry Goldspiel, knowing the client would pay her back through his law firm; and he would then have the opportunity to convert the money to himself or his wife for purposes to enrich their lifestyle. (Exhibit D, check Randi).

2.Upon appearing before this Court, Robert A. Franco, Esq. brought fraud upon the Court by deceptively stating the status of Tauger’s mortgage. The Francos were at the time late, and are consistently late with their payments, incurring over $3,200 in charges as interest and penalties, diminishing the equity of Tauger’s home. Furthermore, should the Francos pay in a timely way, (which they believe would give them ownership of the home), it is stated within the mortgage commitment papers, that the mortgage cannot be transferred (Exhibit E). Hence, Mr. Tauger has the control of the property, since the home is a direct connection to the mortgage. Tauger has stated, that he wishes to sell the property and settle his debt. This has been noted by Tauger and written by his Court appointed Attorney, Brian Cige. Letter, December 12th 2007. (Exhibit F).

3. On January 3, 2008, Tauger and Jampel tape-recorded a conversation with Customer Service of Countrywide Mortgage.
During the conversation Mr. Tauger became shocked and sickened by the news that,

*1Robert Franco is not licensed in NY



“The Francos had not paid the “first mortgage” since August of 2007, nor the “second mortgage” since July of 2007”. The payments are in the arrears and Tauger had been sent a Notice of Forclosure. The amont due is about $80,000.

4. Mr. Tauger was mortified but continued the conversation, giving an update of his present income and living expenses to Customer Service. This was very concerning, because the fraud department is already aware of the background of this mortgage. The Francos are presently and were under investigation with the Somerset County Prosecutor’s Office for Theft by Deception, primarily for converting $20,000 tended for Jampel and for other reasons as well. (Exhibit G Goldspiel and Tauger Cert.)

5. After speaking with Countrywide, Tauger called Mrs. Franco, she was most annoyed and curt with him. She kept repeating over and over, “Why would you call Countrywide and alert them?” As if Tauger had no right to discover that he could be arrested for defaulting on the defective mortgage; or at best, discovering that the Francos had forged Tauger’s signature many times, which would ultimately relieve him of his tragic involvement with this mortgage. (Exhibit H, postscripts).

Mrs. Franco also stated,

“Don’t worry we have a plan, there is a plan to the madness, I promise you.”

What Mrs. Franco didn’t know, Jampel also had a plan, she sent all the information to Law Enforcement. Tauger went on to suggest to Mrs. Franco that they could be saving money on the side to abscond.

6. During another phone call, Mrs. Franco said that she is aware that Brian Cige, Esq. at Tauger’s request, is going to prepare a motion to sell the home. Mrs. Franco started to gnaw at Tauger’s vulnerability when she said,

“Now I’ll have to look for an apartment for my kids and us, to live in”.

Tauger does not have the heart to be proactive so he therefore takes the passive role, such as having a lie detector test administered by law enforcement or police, or have his sister fight for him and seek a Court Appointed Attorney perform the “dirty work”. He is obviously afraid of the Francos, which was evident from his testimony on October 12, 2007. Tauger went so far as to show the Court that claimed he is demented, so he would not appear to be responsible for the outcome, yet Tauger is adamant about selling the property. After the Court appearance on the 12th, Jampel’s cell phone was connected to Tauger’s, the attacks from the Francos at Tauger, was overheard by five people.


7. In February of 2006, the Francos needed $7,000 urgently. Once again, they were falling behind with their mortgage payments. They took it from their Attorney Trust Account and demanded that Tauger give $7,000 to them, to replace the removed funds. Mr. Tauger gave the money to the Francos and was never repaid. Tauger felt the urgency to help out, because the attorney for the other party was threatening to sue his friend, Larry Goldspiel, for the return of his client’s money. Tauger filed a complaint with the Watchung Police Department, stating Franco deceptively converted $7,000 from him. (Exhibit I, Exhibit C)

8. In 2006 and 2007, I had learned from reading the testimony given at the Somerset County Prosecutor’s Office, how money that was owed to Jampel and others was embezzled and converted, while the Francos were circumventing paying income taxes. (Exhibit J).

9. To date, the Francos have intervened and stopped the collecting of Jampel’s Judgment. They have hampered Jampel from collecting a debt that is long overdue, and now, I am in jeopardy of losing my home and other possessions. The Francos have put Jampel in the arrears about $25,000 by converting $20,000 of her money, as repayment, and along with restricting Tauger from paying her, by both not paying Tauger and stopping the sale of his home.

They have frivolously caused a delay of listing and selling the property, possibly causing the equity and value to become greatly reduced. The Francos should be held responsible for their actions and be accountable to pay for all losses that the victim Jampel has suffered with, and from. They should be compelled to return the funds they had embezzled in order to perpetuate their life of fraud and titillating pleasures, while Jampel and Tauger are simply attempting to satisfy simple responsibilities and obligations.

Jampel is working excessive hours, attempting to recoup from the damages, brought upon her by the lush, yet deceptive lifestyle and dishonest professional practice of her former attorneys, Mr. and Mrs. Robert Franco, Esq. Jampel and her ill pets have been victimized by ruthless attorney predatory practices from the Francos, for self-enrichment purposes.


For the above stated reasons, the temporary stay on the lien and judgment: Judgment J 222045-07

JUDGMENT FOR MONIES OWED AND FOR SALE OF
PROPERY

must be lifted and removed. The lien on the property of 6 Bayer Lane Boonton New Jersey, 07005 must be enforced, and all money ($20,000), (plus applicable interest and sanctions, deemed by the Court), along with punitive damages, must be paid to the Plaintiff by the Interveners within thirty days of the signed Order.




I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are false, I am subject to punishment.

Dated ________________ ___________________

Cynthia Jampel